In the following established districts, a building or premises shall be used only for the following purposes.

(Ord. 1775. Passed 10-22-73.)

   (a)   Permitted Uses. The following uses are permitted in the RU Rural District:

      (1)   Agricultural activity;

      (2)   A church;

      (3)   A golf course, except for a miniature course or a driving range;

      (4)   A greenhouse or nursery;

      (5)   A large-scale residential development in accordance with the provisions of Section 1252.11;

      (6)   A park or forest preserve;

      (7)   A public elementary and high school, or a private school having a curriculum equivalent to a public elementary or high school and having no rooms regularly used for housing or sleeping purposes;

      (8)   A roadside stand for the display or sale of agricultural products raised on the premises; and

      (9)   A single-family dwelling.

   (b)   Conditional Uses. The following are conditional uses in the RU Rural District:

      (1)   An airport;

      (2)   An automobile service station, motel, restaurant, garage, farm implement sales and service establishment and food store when located on a County highway;

      (3)   A hospital, nursing home and educational, religious and philanthropic institution on sites of not less than five acres;

      (4)   A mobile home park in accordance with the provisions of Section 1252.12;

      (5)   A new cemetery on a site of not less than twenty acres or an enlargement of an existing cemetery;

      (6)   A privately operated outdoor recreational facility, including a riding stable, lake, swimming pool, tennis court and golf course on a site of not less than five acres;

      (7)   A public building erected by any governmental agency; and (Ord. 1775. Passed 10-22-73. )

      (8)   A traditional home owner operated business, operated within the home or an accessory building and having no employees except the owner operator and employees living in the dwelling, provided that the use of the premises is not restricted by deed.

(Ord. 1857. Passed 6-23-75.)

   (a)   Permitted Uses. The following uses are permitted in RS-1, RS-2 and RS-3 Residential Districts:

      (1)   A single-family dwelling;

      (2)   A church;

      (3)   A golf course, except for a miniature course and driving tees operated for commercial purposes;

      (4)   A large-scale residential development in accordance with the provisions of Section 1252.11;

      (5)   A public park or playground; and

      (6)   A public elementary and high school, or a private school having a curriculum equivalent to a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

   (b)   Conditional Uses. The following are conditional uses in RS-1, RS-2 and RS-3 Residential Districts:

      (1)   A greenhouse or nursery;

      (2)   A hospital, nursing home and educational, philanthropic or religious institution on a site of not less than five acres, provided that not more than fifty percent of the site area may be occupied by buildings, and provided, further, that the building shall be set back from all required yard lines an additional foot for each foot of building height;

      (3)   A mobile home park in accordance with the provisions of Section 1252.12;

      (4)   A nursery, prekindergarten, kindergarten, play, special and other private school;

      (5)   A parking lot with the total area located within 200 feet of the boundary of a B or I District;

      (6)   A private recreational facility where buildings do not occupy more than ten percent of the site area;

      (7)   A privately operated lake, swimming pool or tennis court on a site of not less than five acres;

      (8)   A public building erected by any governmental agency;

      (9)   A two-family home in those locations where on the effective date of this Zoning Code more than forty percent of the frontage on one side of a street, between two intersecting streets, is used for two-family homes or two-family homes and multiple dwellings; and

(Ordinance 1775, passed October 22, 1973)

      (10)   A traditional home owner operated business, operated within the home or an accessory building and having no employees except the owner operator and employees living in the dwelling, provided that the use of the premises is not restricted by deed.

(Ord. 1857. Passed 6-23-75.)

   (a)   Permitted Uses. Any use permitted in the RS Districts is permitted in the RD Residential District.

   (b)   Conditional Uses. The following are conditional uses in the RD Residential District:

      (1)   A greenhouse or nursery;

      (2)   A hospital or sanitarium, with the exception of a criminal, mental or animal hospital;

      (3)   A nursing, rest or convalescent home;

      (4)   A parking lot with the total area located within 200 feet of the boundary of a B or I District;

      (5)   A private school;

      (6)   A public building erected by any governmental agency;

      (7)   A religious, educational and eleemosynary institution of a philanthropic nature, but not a penal or mental institution;

      (8)   A row house, town house and three or four-family house where the area being developed is one-half acre in area or larger;

      (9)   A two-family dwelling; and

(Ord. 1775. Passed 10-22-73.)

      (10)   A traditional home owner operated business, operated within the home or accessory building and having no employees except the owner operator and employees living in the dwelling, provided that the use of the premises is not restricted by deed.

(Ord. 1857. Passed 6-23-75.)

   (a)   Permitted Uses. The following uses are permitted in the RA Residential District:

      (1)   Any use permitted in the RD District; and

      (2)   A multiple dwelling.

   (b)   Conditional Uses. The following are conditional uses in the RA Residential District:

      (1)   A hospital or sanitarium, with the exception of a penal, mental or animal hospital;

      (2)   A medical clinic;

      (3)   A mobile home park in accordance with the provisions of Section 1252.12;

      (4)   A nursing, rest or convalescent home;

      (5)   A parking lot with the total area located within 200 feet of the boundary of an RA, B or I District;

      (6)   A private club, fraternity, sorority or lodge, except when the chief activity of such is a service customarily carried on as a business;

      (7)   A private school;

      (8)   A public building erected by any governmental agency;

      (9)   A religious, educational and eleemosynary institution of a philanthropic nature, but not a penal or mental institution;

      (10)   A rooming or boarding house;

      (11)   A tourist home, when located on a major street as designated on the Major Street Plan of the City's Comprehensive Plan; and (Ord. 1775. Passed 10-22-73.)

      (12)   A traditional home owner operated business, operated within the home or an accessory building and having no employees except the owner operator and employees living in the dwelling, provided that the use of the premises is not restricted by deed.

(Ord. 1857. Passed 6-23-75.)

   (a)   Permitted Uses. The following uses are permitted in the B-1 General and B-2 Central Business Districts:

      (1)   Any use permitted in the RA Residential District;

      (2)   An automobile sales parking lot;

      (3)   An automobile service station;

      (4)   A bank, bowling alley or skating rink;

      (5)   A commercial garage or automobile repair shop;

      (6)   A dressmaking, tailoring or shoe repairing shop, a shop for repair of household appliances and bicycles, a dry cleaning and pressing shop, a bakery with the sale of bakery products on the premises and other uses of a similar character;

      (7)   A funeral home or mortuary;

      (8)   A hotel or motel;

      (9)   An office or office building;

      (10)   A personal service use, including a barber shop, a beauty parlor, a photographer's or artist's studio, a taxicab, newspaper or telegraphic service station, a dry cleaning receiving station, a restaurant and other personal service uses of a similar character;

      (11)   A retail store, including a florist shop and greenhouse in connection with such store, but there shall be no slaughtering of animals or poultry on the premises of any retail store;

      (12)   A theater, not including a drive-in theater, or an assembly hall;

      (13)   A truck or bus terminal;

      (14)   A used car, trailer or boat sales or storage lot;

      (15)   The manufacture of boxes, crates, furniture, baskets and other wood products of a similar nature;

      (16)   The manufacture of canvas awnings and other canvas products of similar nature; and

      (17)   The manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.

   (b)   Conditional Uses. The following are conditional uses in the B-1 General and B-2 Central Business Districts:

      (1)   A farm implements and agricultural service establishment, including feed and bottle gas;

      (2)   A lumber yard;

      (3)   A residence, when located on the second story or above; and

      (4)   A veterinarian, animal hospital or kennel.

(Ord. 1775. Passed 10-22-73; Ord. 2623. Passed 9-24-90; Ord. 24-92. Passed 10-12-92; Ord. 43-2007. Passed 2-28-07.)

   The following uses are permitted in the I-1 Light Industrial District:

   (a)   Any use permitted in the B-2 Central Business District, except that no dwelling other than that for a resident watchman or caretaker employed on the premises shall be permitted;

   (b)   The manufacture of boxes, crates, furniture, baskets and other wood products of a similar nature;

   (c)   (EDITOR'S NOTE: Division (c) of Section 1252.07 was repealed by Ordinance 43-2007, passed January 28, 2008.)

   (d)   The manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals;

   (e)   The compounding of cosmetics, toiletries, drugs and pharmaceutical products;

   (f)   The wholesale merchandising or a storage warehouse; and

   (g)   Generally those manufacturing uses similar to those listed above which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, odor, heat or glare than that generally associated with industries of the type specifically permitted.

(Ord. 1775. Passed 10-22-73; Ord. 43-2007. Passed 2-28-07.)

   (a)   Permitted Uses. The following uses are permitted in the I-2 Heavy Industrial District:

      (1)   Any use permitted in the I-1 Light Industrial District, except that no dwelling other than that for a resident watchman or caretaker employed on the premises shall be permitted;

      (2)   Manufacturing processes conducted wholly within an enclosed building, consisting in whole or in part of cutting, forging, stamping, casting, extruding, drilling, rolling, welding, brazing, soldering, sawing, cleaning, sand or shot blasting, grinding, enameling, painting, galvanizing, finishing, heat treating or machining;

      (3)   The making of metal alloy products from brass, bronze, pewter, lead or aluminum, including smelting or founding;

      (4)   The manufacture or assembly of bolts, nuts, screws and rivets, ornamental iron products, firearms, tools, dies, machinery and hardware products, sheet metal or steel products; and

      (5)   Manufacturing uses similar to those listed above.

   (b)   Conditional Uses. The following are conditional uses in the I-2 Heavy Industrial District:

      (1)   Acid manufacture;

      (2)   Automobile wrecking, cars and parts, storage and sale;

      (3)   Cement, lime, gypsum or plaster of Paris manufacture;

      (4)   Distillation, manufacture or refining of bones, coal or tar asphalt;

      (5)   Explosives, manufacture or storage;

      (6)   Fat, grease, lard or tallow rendering or refining;

      (7)   Fertilizer manufacture from organic matter;

      (8)   Glue or size manufacture;

      (9)   Garbage, offal or dead animal reduction or dumping;

      (10)   Junk and salvage of metal, paper, rags, waste or glass for storage, treatment and baling;

      (11)   Paper manufacture;

      (12)   Petroleum or asphalt refining;

      (13)   A petroleum products terminal;

      (14)   Smelting of tin, copper, zinc or iron ores;

      (15)   Storage or processing of rawhides or fur; and

      (16)   Stockyards or slaughter of animals, except poultry.

(Ord. 1775. Passed 10-22-73.)

   (a)   In the RU, RS, RD and RA Districts, accessory buildings and uses are limited to:

      (1)   A noncommercial greenhouse that does not exceed in floor area twenty-five percent of the ground floor area of the main building;

      (2)   A private residential garage used only for the housing of noncommercial passenger automobiles and with a floor area not to exceed 1,080 square feet. An additional floor area of 100 square feet may be provided for each 3,000 square feet of lot area by which such lot exceeds 6,000 square feet, provided that no garage shall exceed 1,200 square feet; (Ord. 13-2016. Passed 10-10-16.)

      (3)   A home occupation;

      (4)   A vegetable or flower garden; and

      (5)   A tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace and similar uses customarily accessory to residential uses. (Ord. 1817. Passed 10-28-74; Ord. 2626. Passed 10-8-90.)

   (b)   In the RA District, there may also be storage garages and parking lots conforming with the provisions of Chapter 1268.

   (c)   In the Commercial and Industrial Districts, there may also be:

      (1)   Parking lots and garages conforming with the requirements of Chapter 1268; and

      (2)   Use of not to exceed forty percent of the floor area of a building for incidental storage or light industrial activity.

   (d)   There shall be the following additional regulations for accessory buildings:

      (1)   No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during building construction.

      (2)   No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.

      (3)   Accessory buildings may not be used for dwelling purposes.

(Ord. 1775. Passed 10-22-73; Ord. 1-2010. Passed 2-22-10.)

   (EDITOR'S NOTE: Section 1252.10 was repealed by Ordinance 19-92, passed September 14, 1992. See Chapter 1443 of the Building and Housing Code.)

   Large-scale residential developments, where permitted, are subject to the following conditions:

   (a)   The development shall have a minimum area of ten acres.

   (b)   The housing type, minimum lot area, yard, height and accessory use requirements shall be determined by the provisions of this section, which shall prevail over conflicting requirements of this Zoning Code or the Subdivision Regulations.

   (c)   The final development plan shall follow all applicable procedures, standards and requirements of the Subdivision Regulations. The final development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in this State. No building permit shall be issued until a final plat of the proposed development is approved and recorded.

   (d)   The Planning Commission shall review the conformity of the proposed development with the standards of the official City plan and recognized principles of civic design, land use planning and landscape architecture. The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that minimum yards shall be provided around the boundaries of the area being developed. The Commission may impose conditions regarding the layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed enforceable by the City for a period of twenty years from the date of filing. A plat of development shall be recorded, regardless of whether a subdivision is proposed, and such plat shall show building lines, common land, streets, easements and other applicable features required by the Subdivision Regulations.

   (e)   The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools or other nonresidential uses from the gross development area and deducting twenty percent of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.

   (f)   The Commission may hold one or more public hearings on a final development plan. The recommendations of the Commission shall be forwarded to Council, which shall approve or disapprove the action of the Commission, with or without modification and after public hearing. After approval by Council and after any required restrictions are in effect, the Building Inspector may issue permits enabling the approved final development plan to be carried out.

(Ord. 1775. Passed 10-22-73.)

   (a)   All inhabited mobile homes shall be located in a mobile home park which has received a conditional use permit and which conforms with the following requirements:

      (1)   No mobile home outside of an approved mobile home park shall be connected to utilities except those mobile homes being offered for sale and not inhabited.

      (2)   Existing mobile homes not located in a mobile home park may be replaced by newer mobile homes without regard to this section.

   (b)   Mobile home parks shall meet the following minimum standards:

      (1)   Each lot provided for the occupancy of a single mobile home unit shall have an area of not less than 5,000 square feet and a width of not less than fifty feet, and no park shall be permitted an average density of more than six mobile home lots per acre, and each park shall provide an area of not less than eight acres.

      (2)   All parks shall provide lots sufficient in size that no mobile home or any structure, addition or appurtenance thereto is located less than ten feet from the nearest adjacent court boundary.

      (3)   Space between mobile homes may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten feet from the nearest adjacent park boundary.

      (4)   Each lot shall abut or face a clear unoccupied space, driveway, roadway or street of not less than twenty feet in width, which shall have unobstructed access to a public highway, street or alley.

      (5)   The park shall be surrounded by a landscaped strip of open space fifty feet wide along the street frontage of a major street and twenty-five feet wide along all other park boundaries or street frontage.

   (6)   The physical development, layout and construction of all mobile home parks shall conform to applicable regulations of the Ohio Department of Health, except where the requirements of this section are greater than the standards of the State, in which case these requirements shall prevail.

(Ord. 1775. Passed 10-22-73.)

   (a)   Nonconforming Use of Land. In the Residential Districts, where open land is being used for a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of the passage of this Zoning Code (Ordinance 1775, passed October 22, 1973). During the two-year period, such nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period, or, if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use. Thereafter, both land and building shall be used only as conforming uses.

   (b)   Nonconforming Use of Buildings. Except as otherwise provided herein, the lawful use of a building existing on the effective date of this Zoning Code (Ordinance 1775, passed October 22, 1973) may be continued and expanded by an amount not to exceed two times its present floor area, although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this Zoning Code (Ordinance 1775, passed October 22, 1973).

   (c)   Discontinuance of Nonconforming Uses. No building or portion thereof used in whole or in part for a nonconforming use in a Residential District, which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the Residential District in which it is located.

   (d)   Destruction of a Nonconforming Use. No building which has been damaged, by any cause whatsoever, to the extent of more than fifty percent of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the provisions of this Zoning Code; all rights as a nonconforming use shall then be terminated. If a building is damaged by less than fifty percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repair or reconstruction is substantially completed within twelve months of the date of such damage.

   (e)   Nonconforming Advertising Signs. All advertising signs in violation of Section 1252.14 shall be removed and such signs brought into conformity with all requirements of Section 1252.14 on or before a date not later than five years from the effective date of this Zoning Code (Ordinance 1775, passed October 22, 1973).

   (f)   Conditional Uses Not Nonconforming. Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any alteration, enlargement or extension.

   (g)   Intermittent Use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

   (h)   Existence of a Nonconforming Use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.

   (i)   Nonconforming Uses Not Validated. A nonconforming use in violation of a provision of legislation which this Zoning Code repeals shall not be validated by the adoption of this Zoning Code.

(Ord. 1775. Passed 10-22-73.)

   (a)   All Districts. The following signs are allowed in all districts:

      (1)   Temporary signs not exceeding twelve square feet in area advertising the sale or lease of real estate, when located upon property to which the sign refers and when not located closer than ten feet to a lot line, which signs shall be removed within fourteen calendar days following sale or lease of the property;

      (2)   Temporary ground signs advertising future use or development of property on which such signs are located, subject to the provisions of this section, provided such signs do not exceed thirty square feet in area or remain longer than six months;

      (3)   "For Rent" and "For Lease" signs in Commercial and Industrial Districts, for new buildings, shall not exceed forty-eight square feet or remain more than ninety days after the building is completed;

      (4)   Church or public building bulletin boards not exceeding twelve square feet in area; and

      (5)   Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.

   (b)   RA Residential District. In the RA Residential District there may be one wall sign attached to the building, projecting not more than twelve inches, not exceeding twenty-five square feet in area, and relating only to the name or use of the building.

   (c)   B-1, B-2, I-1 and I-2 Districts. In the B-1, B-2, I-1 and I-2 Districts there may be roof signs, wall signs, projecting signs, post signs, marquee signs and awning signs when displaying no advertising matter except pertaining to the business conducted in the building or on the premises on which such sign is placed. The total square foot area of roof signs, wall signs, projecting signs, marquee signs and awning signs shall not exceed one-fifth of the total square foot area of the face of the building on which they are placed. There shall not be more than one post sign for each 100 feet of street frontage, and no post sign shall extend closer than ten feet to a lot line. All portions of post signs must be erected and maintained behind the building line.

   (d)   I-2 District. In the I-2 District there may be any sign allowed in subsection

   (c)   hereof and ground signs; provided that no ground sign shall exceed 400 square feet in area; not more than one ground sign shall be erected on any one lot or tract of land, or one sign for each 400 feet of street frontage when located at least 400 feet apart on such lot or tract of land; and no ground sign when erected on a lot fronting on intersecting streets shall be erected within fifty feet of the intersection of the streets.

   (e)   Additional Regulations.

      (1)   Ground signs. No ground sign shall at any point be over twenty-five feet above the ground level and all ground signs shall have an open space of three feet between the lower edge of such sign and the ground level, fifty percent of which space may be filled in with a platform and decorative lattice work of light wooden or metal construction. Every ground sign shall be stoutly constructed in a secure and substantial manner. The ends of all such signs shall be at least six feet distant from any wall or fence or any obstruction that would prevent a clear passage around the ends, and shall be at least ten feet distant from any lot line.

      (2)   Wall signs. No wall sign shall extend beyond the building more than twelve inches, or be so erected as to cover the doors or windows of any building, or otherwise prevent free ingress and egress to or from any window, door or any fire escape of any building.

      (3)   Projecting signs. Projecting signs may extend not more than four feet six inches from the building into the front yard.

      (4)   Post signs. No post sign shall extend downward nearer than eleven feet to the ground or pavement. The maximum square foot area for each face of a post sign shall not exceed a total area of fifty square feet per face or a total of 100 square feet for all faces.

      (5)   Marquee signs. Marquees may extend eight feet into a front yard and shall be not less than eleven feet above the ground at their lowest level. A sign may be placed upon a marquee provided such sign does not extend more than three feet above or one foot below such marquee.

      (6)   Portable signs. Portable signs are prohibited except that there may be such portable signs in parking lots as permitted by the Building Inspector as being necessary to the satisfactory operation of the lot, and except that each filling station may have one portable sign not to exceed twelve square feet of total sign area, restricted solely to stating the price of gasoline.

      (7)   Posters, signs and devices prohibited. Paper posters applied directly to a wall, building, pole or other support and letters or pictures in the form of advertising, printed or applied directly on the wall of a building, are prohibited. Temporary signs may be displayed in or attached to the inside of show or display windows, provided that the total sign area does not exceed twenty percent of the show or display window area. Signs or devices which, by color, location or design, resemble or conflict with traffic control signs or devices are prohibited. No sign shall contain flashers, animators, mechanical movements or contrivances of any kind, except clocks.

(Ord. 1775. Passed 10-22-73.)